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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9122463PO PURCHASE ORDER 912246er Page City Of9122463 1 of z Flirt CollinsChis number must appear ,\—J`-' ` ' 1J on all invoices, packing slips and labels. Date: 04/27/2012 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS Colorado 80525-5731 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 04/27/2012 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 FRII SO#12081 Colocation w/PDU 1 LOT LS 5,125.00 P. FOLGER 2 FRII SO#12080 Colocation w/PDU 1 LOT LS 7,475.00 P. FOLGER 3 FRII QUOTE#11508 1 LOT LS 3,637.50 INSTALL NEW 24 PAIR FIBER Total $16,237.50 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchnsc Ordcr Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By stare the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000537 is registered With the Collector of Failure of the Purchnscr to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26. 114 (af exercise any rights or rcmedic, provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the ,warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of wragn purchaser to insist upon strict perfxteri hcmofor any of its rights or rcmcdics us to any such goods rcgmdlca instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opemn as a waiver of any of the tents Inspection. GOODS are subject to the Citv ruffian Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations are in fact hone by the Purchaser. Theretofore, for good cause and as considem lion for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it nmv now have or hereafter Freight Tema. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the paninuhu goods or services otherwim specified of this order. If permission is given to prepay (night and charge scpamtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the county, shipment is If the Purchaser direct, the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Pumhuser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made From greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all rusts ussceiated with such wok. Permits. Seller shall procure at sellers sole cost all necessary' permits. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the wok of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asscncd or established violation of any such laws, regulations, ordinances, mles and requirements. Aullimindion. All parties to this contract agree that the representatives are, in fact, bona Ede and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order exprcaly limits acceptance to the terms and conditions stated herein set tomb and any supplementary or additional temss and conditions annexed brief. or incorporated herein by reference. Any additional or different terms and conditions pmpased by Scllcr are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perfnmmance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance nfpound late deliveries, shall operate as a waiver of this provision. In the event ofany dday. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and witho t its fault of negligence. .such act, of God. acts ofcivil or military authorities, governmental priorities, fifes. strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Set lei warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a simBar nature. The Seller agrees to hold the purchaser harmless four any Ina, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. , ithad cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable womanly provided by the Seller afer the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting From imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this womanly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimmcly coured by the breach of any of the foregoing varaatics or guarantees, but such liability shall in no event include loss of profits at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the tents, other than legal terms, including additions to at deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at tiny time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which are the Scllcrs standard stock. No such termination shall relieve the Purehamr or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aacned within thitty (30) days Form the date the change or Icomminion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such dooumctns as may be required to effect or evidence compliance All laws and regulations required to be unconnected in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamilcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior w'ri0cn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matcrin Is. and items famished in parferu ncc of this agreement, free and clear of any and all liens, restrictions, reservation, security interest encumbrances and claims ofethcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance ofsuch work. This release shall apply even in the went of fault of negligence of the party released and .shall extend to the directors. officersand employees ofsuch Party. The Seller', contractual obligations, including sarmifty. shall not be deemed to be reduced. in any way, because such work is performd or caused to be Performed by the Purchaser. 14. PATFNTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten, trademark or copyright, the Sellershall indemnify and save hnmdca the Purchaser fmm any and all chains for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for:my cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part theme( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, m its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser without linbilily. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthc agreement and the right ofall parties hereunder shall be construed underand governed by the laws of the Star of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the,mice, of Scllcr, Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work an Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance complete the work it Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respansiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers enntpensation. including occupational disease benefits. to its onployces employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done The Seller shall also eery, comprclwnsivc gcost-al liability including, but not limited to, contractual and automobile public liability insurance with wx1ily injury and death limits of at (cast S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if anv, to provide fnr such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a ccr ificme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires, The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aaumcs the entire responsibility and liability for any and all damage. lea err injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold humdca the Purchaser and any or all of the Purchasers officers, agent, and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmpeny to which the Purchncr may be put or subject by reason of any act action, neglect omission or default on the part of the Seller, any of his contractors. or any of the Sellers or contractors offecrs, agents or employees. In case any suit or other pmccedings shall be hmught against the Purchaser, or its officers, agent or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors Or any of its or their officers, agents or employees as nforemid, the Seller hereby agrees to assure the defense Iherenf and to defend the some nt the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgmmrts that may be inmtmed by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such Suitt or other proceedings, and in case judgment or other licit be placed upon or chained against the property of the Purchaser, or said parties in or as a result ofsuch suit, or other proceedings, the Seller will at once cause the same to be dissolved and dimharged by giving bond or otherwise. The Seller and his contractors shall take fill safety prccnntions, famish and install all guard ncccasory for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 032010